Camuglia v Housman & Ors [2020] NSWDC 446

District Court New South Wales

Medium Neutral Citation: Camuglia v Housman & Ors [2020] NSWDC 446 Hearing dates: 18, 19, 20 June 2020; 16, 17 July 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $218,601.85; (2) That any party wishing to be heard on the question of costs notify my associate of that desire on or before noon on 18 August 2020 ("Notification"); (3) That in the event of Notification, the notifying party shall file and serve any evidence and submissions on the question of costs on or before 4:00pm on 20 August 2020; (4) That the non-notifying party file and serve any evidence and submissions which it wishes to make on the questions of costs on or before 4:00pm on 24 August 2020; (5) That the filing of the documents referred to in orders (3) and (4) be effected by way of email transmission to my associate; (6) That the resolution of any question as to costs be decided on the papers. (7) That in the absence of Notification, the Court will order that the defendant pay the plaintiff's costs. Catchwords: CIVIL – Nuisance – Negligence – Construction – Consequential loss – Rectification costs - quantum Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Ellis's Town House Pty Ltd v Botan Pty Ltd [2017] NSWCA 20 Evans v Balog [1976] 1 NSWLR 36 Gagner v Canturi Corp (2009) 262 ALR 691 Karacominakis v Big Country Developments Pty Ltd & Ors [2000] NSWCA 313 Minter v Eacott (1952) 69 WN (NSW) 93 South Parklands Hockey & Tennis Centre Inc v Brown Falconer Group Pty Ltd (2004) 88 SASR 65 Category: Principal judgment Parties: Yolenda Camuglia (Plaintiff) Bardia Housman (First Defendant) Beatriz Pena Alda (Second Defendant) Pacific Plus Constructions Pty Ltd (Third Defendant) Representation: Counsel: Mr G. Sirtes SC, with Ms G. R. Rubagotti (Plaintiff) Mr A. Ahmad (Defendants)